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(영문) 부산지방법원 2016.04.07 2015가단68658
집행판결청구
Text

1. The arbitrator B in the case No. 14211-0019 of the Korean Commercial Arbitration Board (hereinafter “Korean Commercial Arbitration Board”) between the Plaintiff and the Defendant.

Reasons

1. Facts of recognition;

A. On June 29, 2013, the Defendant entered into a contract with the Plaintiff under which the Defendant would grant the Plaintiff a domestic sales right to the packaging boxes of agricultural and fishery products the Defendant produces (hereinafter “instant agreement”).

B. On June 2, 2014, the Plaintiff (applicant) filed a claim for arbitration against the Defendant (Respondent) on the ground that the Defendant did not perform his/her obligations under the instant agreement with the Busan District Court No. 1421-019.

C. On December 11, 2014, the arbitrator B of the Korean Commercial Arbitration Board Busan District Court (hereinafter “instant arbitral award”) determined on December 11, 2014 that the Defendant defaulted on the obligation under the instant agreement, and that the Plaintiff sustained damages of KRW 8.4 million, and rendered an arbitral award as indicated in the attached Form (hereinafter “instant arbitral award”).

On December 23, 2014, the Defendant filed a lawsuit against the Plaintiff seeking the revocation of the instant arbitral award with the Busan District Court’s Dong Branch Branch 2014Kadan27632, but was sentenced to the judgment dismissing the claim on August 19, 2015 (hereinafter “prior judgment”), and the said judgment became final and conclusive as it was without filing an appeal.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 evidence (including branch numbers), the purport of the whole pleadings

(b)The enforcement of a judgment on the cause of a claim shall be by the judgment of execution by a court, and the award made within the territory of the Republic of Korea shall be enforced unless there is a ground under Article 36(2) of the Arbitration Act.

(Article 37(1) and Article 38 of the Arbitration Act. Accordingly, a compulsory execution based on the instant arbitral award shall be permitted unless the Defendant asserts and proves that there exist grounds for setting aside the arbitral award under Article 36(2) of the Arbitration Act.

3. Judgment on the defendant's assertion

A. As to this, the defendant shall not lawfully serve the defendant with the original copy of the judgment prior to the instant case.

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